2022
Statelessness & Citizenship Review
4(2)
Despite the complexity of statelessness, theorists have not yet worked out a
formal typology.3 When conceptualising statelessness in singular terms, they miss
something important:4 they fail to capture the full moral scope of statelessness.
The article addresses this shortcoming. It is divided into four parts. In the first part,
I will show how statelessness is categorised under the UN’s current framework.
In the second part, I will turn to legal and social theory to argue that statelessness
can be best understood through the two concepts of responsibility and recognition.
In the third part, I will identify three different subtypes of statelessness. They
derive from the source of nationality deprivation and include voluntary
statelessness, structural statelessness and denigrative statelessness. Finally, I will
offer some concluding remarks.
Before identifying the three subtypes, I must make two points about the
following arguments. First, the article is mostly concerned with individual
statelessness. I define individual statelessness in contradistinction to collective
statelessness. ‘Collective statelessness’ describes statelessness as experienced by
entire collectives, such as Palestinians, Kurds or the Rohingya, with a shared
history of denationalisation, whereas ‘individual statelessness’ describes
statelessness as experienced by individuals, such as Garry Davis, Friedrich
Nottebohm or Shamima Begum, who will be introduced in the third Part of the
article. While a Palestinian person can be considered both individually as well as
collectively stateless, not every stateless individual suffers from collective
statelessness. Garry Davis, for instance, did not belong to any collective with a
shared history of denationalisation.
Second, the force of my argument depends largely on the quality of the
examples that I have chosen. Throughout the article, I have relied on few examples
with a rich amount of qualitative data. Yet this has come with a limitation: the case
studies of stateless individuals are mostly drawn from a small number of countries
with relatively few cases of statelessness. For example, take the case of Shamima
Begum. The Statelessness Index reported that there were 5,236 applications for
the statelessness determination procedure in the United Kingdom between April
2013 and September 2019. Even under such conservative estimations, this is low
when compared with countries like India or Myanmar, where a great number of
Muslims have been deprived of their nationality. Although the situations of former
British national Shamima Begum and Jamalida Begum, a stateless Rohingya
woman, are in many ways similar, due to these differences in their countries of
origin, I avoid identifying and relying on this parallel.5 The formal typology that I
have developed here should be seen as a hypothesis itself. Rather than offering a
final answer to what statelessness is, I hope that my research will help others to
ask the question more precisely in the future.
3
4
5
Brad Blitz has developed a typology of the causes of statelessness but not of statelessness
itself: see Brad Blitz, ‘Statelessness, Protection and Equality’ (Policy Brief, Refugee Studies
Centre, 2009).
Jay Milbrandt, ‘Stateless’ (Legal Studies Research Paper No. 2012/6, Pepperdine University,
2012) 1. Scholars seem to generalise the stateless commonly as the ‘most vulnerable [people]
in our world’: see also Indira Goris, Julia Harrington and Sebastian Köhn, ‘Statelessness:
What It Is and Why It Matters’ [2009] 32 Forced Migration Review 4, 4.
See ‘Jamalida Begum — Rohingya Survivor Escapes Horror’, Geneva International Centre
for Justice (Blog Post, 21 February 2017) <https://www.gicj.org/lest-we-forget/887-jamalidabegum-rohingya-survivor-escapes-horror>, archived at <https://perma.cc/5HTP-9JHU>.
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